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12-28-05 MinutesYELM CITY COUNCIL MEETING MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 28, 2005 Call to Order. Mayor Rivas called the meeting to order at 7:30 p.m. 2. Roll Call. Present: Don Miller, Joe Baker, Bob Isom, and Ron Harding. Pat Fetterly was excused. 3. Agenda Approval 05-114 MOTION BY BOB ISOMAPPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations — None scheduled 5. Public Comment James Zukowski, Thurston County, indicated that he would no longer be taping meetings for local replay and that there would be broadcast time changes for January (December meetings). Mayor Rivas thanked Mr. Zukowski and indicated that the City is preparing for installation of sound and video equipment for this purpose. 6. Consent Agenda a. Council Minutes — Regular Meeting, December 14, 2005 b. Payables: Checks 26778 - 26858 totaling $99,937.39 1) Manual Checks 26778 — 26801 totaling $1,290.00 2) Claims Checks 26802 — 26858 totaling $98,647.39 C. Payroll, Preliminary December 2005 d. Park Use Requests: YCP, 8/19/06, Keystone Masonry Picnic, 9 -Dusk, 100 attending 05-115 MOTION BY DON MILLER APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. 7. Public Hearing(s) a. Closed Record Public Hearing: Yelm Commerce Group's (Valentine Fryst, Bill Nicholls and James Zukowski) Appeal of Hearing Examiner's Approval of Wal -Mart Supercenter Site Plan Review. Mayor Rivas opened the hearing at 7:33 p.m. adding that Council is acting in a quasi judicial role to determine if the Hearing Examiner's decision approving the Wal -Mart site plan was legally correct and supported by substantial evidence. Mayor Rivas announced that speakers are limited to ten minutes each and include Mr. Ryan Vancil representing the Yelm Commerce Group, Mr. Jack Yelm City Council Minutes Page 1 of 4 ab /city council /2005/12 -28 -05 McCullough, representing Wal -Mart, and Grant Beck, Yelm Community Development Director. It was noted that no appearance of fairness challenges had been submitted. When asked by Mayor Rivas, Council indicated no ex -parte communications. Mayor Rivas made a final call for appearance of fairness challenges. Being none, he called on Mr. Vancil for his summary of the Yelm Commerce Group's appeal. Mr. Vancil's summary supported the view that the Hearing Examiner's findings are faulty due to the listed concerns. 1) Use of the wrong concurrency standard for State Routes; the City of Yelm's instead of Thurston Regional Planning Council's. Mr. Vancil indicated that state law is explicit in that level of service (LOS) standards for state roads are set by the applicable Regional Transportation Planning Organization (RTPO), (Thurston Regional Planning Council, TRPC in Thurston County), and that the City's concurrency standards are not applicable to State roads inside Yelm. 2) Concurrency failure using City of Yelm LOS standards due to lack of secured full funding for planned mitigation to address LOS of F and cited "create traffic diversions, bypasses, alternate routes and modes of transportation are authorized and being planned, funded and implemented." 3) Mr. Vancil urged Council to undo the Environmental Determination for the Wal -Mart project. Mayor Rivas called for questions from council. Being none, Mayor Rivas introduced Mr. McCullough, representing Wal -Mart. Mr. McCullough's summary supported the Hearing Examiner's due to the listed findings. 1) In 1998 the State Legislature amended the Growth Management Act to require local Comprehensive Plans to reflect LOS standards for state highways. He indicated that LOS standards established by RTPO's are solely for the purpose of monitoring, planning and inter - jurisdictional coordination. They are not intended to gauge whether proposed development should be approved, or to `trump' local LOS standards. 2) The City's Comprehensive Plan Transportation Element LOS standards includes a LOS of F for the urban core where mitigation is being addressed. He also cited: to create traffic diversions, bypasses, alternate routes and modes of transportation are authorized and being planned, funded and implemented, and emphasized that this does not require full project funding, and that in addition to existing partial funding and implementation for the alternate route, other roadway improvements, such as the 103rd St extension are being implemented. 3) As the appellants declined to appeal the Environmental Determination, Council does not have the authority to undo it. Mayor Rivas called for questions from council and Mr. McCullough responded to Councilmember Miller's question concerning state /city LOS grading. Being no additional questions Mayor Rivas called on Grant Beck for the Community Development Department staff report. Mr. Beck reviewed the state (2 peak hours) vs. city (peak 15 minutes in peak hour) methodology, noting that the state's results provide a more favorable Yelm City Council Minutes Page 2 of 4 ab /city council /2005/12 -28 -05 picture. He clarified that LOS currency is examined as part of the SEPA process, and that Perry Shea's testimony demonstrated what the City is required to look at under SEPA concurrency and that the City actually exceeds requirements, and that the correct standards ( Yelm's) were used to meet concurrency. Being no additional Council questions, Mayor Rivas closed the appeal hearing at 7:59 p.m., and corrected the opening time from 7:38 to 7:33. a. 1) Resolution No. 460— Upholding the Hearing Examiner's Issuance of a Site Plan Review Approval for the Construction of a Wal -Mart Supercenter (SPR- 05- 0091 -YL). - Councilmember Isom indicated that he was confident, after listening to all records, that the Hearings Examiner did correctly interpret the Transportation Plan and Level of Service standards, and that he is satisfied that the Hearings Examiner and City apply consistent and fair methodology for calculating LOS for concurrency; and that it truly is the City's call as to what concurrency standards to imposed for the development process. He added that he can't believe the GMA intended growth within a city's boundaries to be dependent upon something the city has absolutely no control over, such as state spending on state highways, which would deny control over local development along SR 510 and 507 within the city limits. Councilmember Isom added that the Hearing Examiner's decision was also supported by two experts at three different times. 05 -116 MOTION BY BOB ISOM BASED UPON THE STAFF REPORT, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE HEARINGS EXAMINERS DECISION, AS WELL AS ALL THE TESTIMONY AND EXHIBITS, THAT RESOLUTION 460, UPHOLDING THE HEARING EXAMINER'S APPROVAL OF THE SITE PLAN REVIEW FOR THE CONSTRUCTION OF A WAL -MART SUPERCENTER (SPR -05- 0091 -YL AND APL -05- 0203 -YL) BE APPROVED. CARRIED. 8. New Business a. Stevens Street NW Consultant Selection. Stephanie Ray reported that the City has successfully secured a $568,000 transportation grant for the Stevens St. connector and improvements from 1 st St. to Edwards St. This roadway is a high priority for Yelm and is part of the Y -4 connector identified in Yelm's Transportation Plan and the Six -Year Transportation Improvement Plan. The balance of the $965,000 project will be funded by the City. Gray & Osborne, Inc. of Seattle is the preferred engineering firm to complete design work due to prior work on the recently completed Stevens St. improvements from West Rd. to 1St St. An additional scope of work for right -of -way acquisition will come before Council for approval at a later date. 05-117 MOTION BY JOE BAKER AUTHORIZING MAYOR RIVAS TO SIGN THE TRANSPORTATIONIMPROVEMENT BOARD CONSULTANT AGREEMENT BETWEEN THE CITY OF YELM AND GRAY & OSBORNE, INC. IN THE AMOUNT OF $68,564.00. CARRIED. b. Ordinance No. 843, 2005 Budget Amendment. Staff reported that this is the final budget housekeeping item to ensure that Current Fund departments are Yelm City Council Minutes Page 3 of 4 ab /city council /2005/12 -28 -05 balanced at the end of the year. The change approved in the ordinance does not add new funds; it moves unspent funds from one department to another. 05 -118 MOTION BY DON MILLER ADOPTING ORDINANCE NO 843, 2005 BUDGET AMENDMENTS. CARRIED. 9. Old Business a. Economic Development Contract for Services for 2006. Staff reported that the contract fee of $3,000 is the same as in 2005. Michael Cade, EDC Director, indicated that while services have increased for the 2006 contract without a cost increase, there will be a contract cost increase for 2007. A complete listing of services was provided in the contract. 05-119 MOTION BY DON MILLER AUTHORIZING MAYOR RIVAS TO SIGN THE 2006 CONTRACT FOR SERVICES WITH THE ECONOMIC DEVELOPMENT COUNCIL OF THURSTON COUNTY. CARRIED. 10. Mayor and Council Reports and Initiatives and Board /Commission Business Councilmember Miller attended a passenger traffic group meeting. 11. Executive Session. At 8:22 pm, Mayor Rivas announced that Council would be going into Executive Session to discuss litigation. Mayor Rivas reopened the regular meeting at 8:58 pm. 12. Correspondence reviewed included an invitation to participate in the January 3, 2006 Swearing In Ceremony for Thurston Co. Elected Officials. 13. Adjourn: 9:00 p.m. n Har in , Mayor Attest: �...- Agn nnick, City Clerk Yelm City Council Minutes Page 4 of 4 ab /city council /2005/12 -28 -05